Karnataka High Court
Ramesha vs State Of Karnataka on 29 January, 2018
Author: R.B Budihal
Bench: R.B Budihal
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JANUARY, 2018
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.34 OF 2018
BETWEEN:
RAMESHA
S/O. KRISHNA CHAR,
ATTAVARA, DUDDA HOBLI,
HASSAN DISTRICT.
PRESENTLY RESIDING AT
DOOR NO.84, CHIKKASANDRA MAIN ROAD,
JALAHALLI,
BENGALURU.
... PETITIONER
(BY SRI K.R. RAMESH, ADV.)
AND:
STATE OF KARNATAKA
GANDASI POLICE STATION,
ARSIKERE RURAL,
HASSAN DISTRICT,
BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BENGALURU.
... RESPONDENT
(BY SRI CHETAN DESAI, H.C.G.P.)
***
2
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CRIME NO.190/2017 (C.C.NO.2800/2017) OF
GANDASI POLICE STATION, HASSAN DISTRICT, FOR THE
OFFENCES P/U/S 489B, 489C AND 420 OF I.P.C.
THIS CRIMINAL PETITION IS COMING ON FOR
ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner / accused No.2 under Section 439 of the Code of Criminal Procedure seeking his release on bail for the alleged offences punishable under Sections 489B, 489C and 420 of the Indian Penal Code, 1860, registered by the respondent - Police Station in Crime No.190/2017.
2. The brief facts leading to the registration of the F.I.R. is that on 30-7-2017, at about 5:30 p.m., one person came near the liquor shop and asked for one quarter of M.C. whisky and he has tendered two currency notes of Rs.100/- each. Both the currency notes are bearing one and the same number and as such, the 3 complainant doubted about those currency notes and asked for separate notes. When the complainant asked for separate notes, the present petitioner told the complainant to tear them off and went away with one quarter of M.C. whisky. Immediately, the complainant caught hold of the petitioner with the assistance of Manju and Naveen and at that point of time, on verifying the petitioner's pant pocket, there were similar notes. On enquiry, he told that his name is Ramesha, son of Krishna Char of Attavara Hosahalli Village. On the basis of said complaint, a case came to be registered.
3. Heard the arguments of the learned counsel for the petitioner / accused No.2 and also the learned High Court Government Pleader for the respondent - State. 4
4. I have perused the grounds urged in the bail petition, F.I.R., complaint and other material produced in the case.
5. The petitioner is in custody from the date of his arrest. The recovery of fake currency notes were already seized during investigation. For the present, nothing to be seized from the custody of the petitioner. Further, the petitioner has contented that he has been falsely implicated in the case and he has not committed the alleged offences and also ready to abide by any condition to be imposed by this Court. Now, the investigation is completed and charge-sheet is filed. The accused No.3 is also granted bail. Hence, by imposing reasonable conditions, the petitioner can be admitted to bail.
6. Accordingly, the petition is allowed. 5 The petitioner / accused No.2 is ordered to be released on bail for the alleged offences punishable under Sections 489B, 489C and 420 of the Indian Penal Code, 1860, registered by the respondent - Police Station in Crime No.190/2017, subject to the following conditions:-
(i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/-
(Rupees one lakh only) with one solvent surety for the likesum to the satisfaction of the concerned Court;
(ii) Petitioner shall not directly or indirectly tamper with any of the prosecution witnesses; and
(iii) Petitioner shall appear before the concerned Court regularly.
Sd/-
JUDGE kvk